North Brunswick fears new law would foreclose open space plan

North Brunswick Mayor Francis "Mac" Womack is worried that a bill on Gov. Jon Corzine's desk would derail efforts to preserve a 70-acre farm in the township.

It's such a big concern for him that he's written to the state leader urging him to veto the legislation, and he's issued a video message to residents on the town's Web site asking for their help.

The legislation, which becomes law Monday if the governor doesn't veto it, allows developers to change age-restricted housing projects such as retirement communities to general housing with limited approval from local government. The hope, according to the bill's preamble, is that it would create more affordable housing around the state and stimulate the economy.

"The planning board only has the option to say yes or no," Womack said in the video. "Well, if they say no, then the developer goes to the Superior Court, and he would probably be granted the right to make that conversion."

In North Brunswick, it could mean the end of a 10-year push to save a farm from development.

The Old Georges Road and Route 130 property, owned by the Pulda family, was rezoned in 2004 to allow a high-density, 340 unit age-restricted adult community. The idea behind the rezoning was that it would prevent the construction of single-family homes that would attract young families and require costly public services.

The owners have a contract with developer Edgewood Properties to allow them to build the adult community, but the township and Middlesex County are in talks about acquiring the land to preserve it as an open space.

But if the bill becomes law, Womack warns, it would become more costly for the town or county to buy the land, which was assessed at $12 million by the town but is worth more by the company's estimates. Edgewood would also have the opportunity to convert the project into low-income housing for families of any age.

"It puts us in a bad situation all around if the bill goes through because the value, according to the developer, goes up if it's rezoned," Womack said yesterday.

Calls and e-mails to the governor's office weren't returned yesterday.

Womack's not the only mayor pushing the governor to veto the nine-page bill, which passed both houses of the Legislature in March. Monroe Mayor Richard Pucci not only sent a letter to the governor and had the town council pass an oppositional resolution, but he met with Corzine in person, too.

The legislation might allow two age-restricted housing projects that total 478 units to be rezoned in that town. If the projects were replaced by high-density housing with no age restrictions, local schools would be slammed by a rush of new enrollments. He said it has the potential to undercut the authority of local zoning boards.

"We, at the local level, are in the best position to determine how best to guide and manage the population growth in our community," he wrote in his April 6 letter to the governor.

For North Brunswick's mayor, who is an attorney, the bill is more than just damaging to the town's interests -- it's unconstitutional. He made his opposition clear to the governor in a letter dated March 16, the day the Legislature sent the bill to the governor.

"The legislation before you is contrary to the interests of the residents of North Brunswick Township and every other community in this State," he wrote. "It will not stimulate our state economy and is offensive to those who believe in the principal that a local community should plan and adopt zoning for itself in accord with the Municipal Land Use Law."